Monday, August 2, 2010

The difference between intention and negligence

In crimes of intention the accused is blameworthy because he knew or foresaw that his conduct was forbidden and that is was unlawful but nevertheless proceeded to engage in the conduct. In crimes of negligence, on the other hand, the accused is blameworthy because he did not know or foresee something or did not do something, although according to the standards of the law he should have known or foreseen something or should have performed an act.

Intention therefore always has a positive character: the accused willed or knew or foresaw something. Negligence, on the other hand, always has a negative character: the accused did not will or know or foresee something, although according to the standards of the law he should have known or foreseen it.

About Me

... whenever the mind with attention considers any proposition, so as to perceive the two ideas signified by the terms, and affirmed or denied one of the other to be the same or different; it is presently and infallibly certain of the truth of such a proposition; and this equally whether these propositions be in terms standing for more general ideas, or such as are less so: e.g. whether the general idea of Being be affirmed of itself, as in this proposition, "whatsoever is, is"; or a more particular idea be affirmed of itself, as "a man is a man"; or, "whatsoever is white is white" ...